Challenging interests in a family business

In the case of Guest v Guest & Guest a claim was brought by a son for an interest in the family farming business where he had worked for 30 years at a reduced wage. He asserted that he had done this in reliance on assurance that his father had made and on which he said his father should not be able to renege. The son was awarded 50% of the business (after tax) and 40% of the value of the land (which were valued together at around £3.35m.

Therefore it is important not to make promises that someone may rely on to their own detriment and to be very clear what intentions are. Intentions can and do often change over time particularly when relationships go sour.